Relating to the integration of early voting by personal appearance and election day voting, including the manner in which election returns are processed and other related changes.

89(R) SB 2753 - Enrolled version - Bill Text

S.B. No. 2753

AN ACT

relating to the integration of early voting by personal appearance

and election day voting, including the manner in which election

returns are processed and other related changes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 12.004(d), Election Code, is amended to

read as follows:

(d) If early voting by personal appearance is required to be

conducted for extended hours under Section 85.005(c) [
or for

weekend hours under Section 85.006(e)
], the registrar's office

shall remain open for providing voter registration information

during the extended hours [
or weekend hours
] that the main early

voting polling place is open for voting.

SECTION 2. Section 19.004(a), Election Code, is amended to

read as follows:

(a) Except as provided by Subsection (d), state funds

disbursed under this chapter may be used only to:

(1) defray expenses of the registrar's office in

connection with voter registration, including additional expenses

related to:

(A) implementation of the National Voter

Registration Act of 1993 (52 U.S.C. Section 20501 et seq.);

(B) complying with weekly updating requirements;

and

(C) the employment of temporary voter

registration personnel for not more than 39 weeks in a state fiscal

year; and

(2) if the registrar's county has a population of less

than 55,000, defray the cost to the registrar's county of keeping

the polling places in the county open during the early voting period

as required under
Section
[
Sections
] 85.005(c)[
, 85.006(e), and

85.064(d)
].

SECTION 3. Section 42.0051, Election Code, is amended to

read as follows:

Sec. 42.0051. COMBINING CERTAIN PRECINCTS. (a)
If changes

in county election precinct boundaries to give effect to a

redistricting plan result in county election precincts with fewer

than 3,000 registered voters, a commissioners court for a general

or special election, or for a primary election, the county

executive committee of a political party conducting a primary

election, may combine county election precincts notwithstanding

Section 42.005 to avoid unreasonable expenditures for election

equipment, supplies, and personnel
[
This section applies only to a

county with a population of less than 1.2 million that does not

participate in the countywide polling place program described by

Section 43.007
].

(b)

A combined precinct under Subsection (a) is subject to

the maximum population prescribed for a precinct under Section

42.006.

(c)
[
(a-1)
] In
a county that does not participate in the

countywide polling place program described by Section 43.007, for
a

general or special election for which use of county election

precincts is required, the commissioner's court [
may,
] on the

recommendation of the county election board,
or for a primary

election for which use of county election precincts is required,

the county executive committee of a political party conducting the

primary election, may
combine county election precincts

notwithstanding Section 42.005 if:

(1) the commissioners court cannot secure a suitable

polling place location under Section 43.031; and

(2) the location of the combined polling place

adequately serves the voters of the combined precinct.

(d)
[
(c)
] A combined precinct under
Subsection (c)
[
this

section
] may not contain more than 10,000 registered voters.

(e)
[
(d)
] A combined precinct may not be established if it:

(1) results in a dilution of voting strength of a group

covered by the federal Voting Rights Act (42 U.S.C. Section 1973c et

seq.);

(2) results in a dilution of representation of a group

covered by the Voting Rights Act in any political or electoral

process or procedure; or

(3) results in discouraging participation by a group

covered by the Voting Rights Act in any political or electoral

process or procedure because of the location of a polling place or

other factors.

(f)

For the purposes of appointing a presiding election

judge and an alternate presiding judge to a county election

precinct combined under this section, the combined precinct shall

be considered a single precinct and the judges shall be appointed in

accordance with the procedures provided under Chapter 32.

SECTION 4. Subchapter A, Chapter 43, Election Code, is

amended by adding Section 43.0015 to read as follows:

Sec.

43.0015.

DESIGNATION OF LOCATION: USE OF EARLY VOTING

POLLING PLACE ON ELECTION DAY.

The authority responsible for

designating polling places under this subchapter shall, at a

minimum, designate as locations for polling places on election day:

(1)

the location designated as the main early voting

polling place under Section 85.002;

(2)

each location designated as a permanent branch

polling place under Section 85.061; and

(3)

each location designated as a temporary branch

polling place under Section 85.062.

SECTION 5. Section 61.002(a), Election Code, is amended to

read as follows:

(a) Immediately before opening the polls for voting on the

first day of
voting at a polling place during
early voting
or
[
and
]

on election day, the presiding election judge or alternate election

judge shall confirm that each voting machine has any public counter

reset to zero and shall print the tape that shows the counter was

set to zero for each candidate or measure on the ballot.

SECTION 6. Section 62.005, Election Code, is amended to

read as follows:

Sec. 62.005. EXAMINING BALLOT BOXES.
On the first day of

voting at a polling place during early voting or on election day, an

[
An
] election officer shall open and examine the ballot boxes and

remove any contents from the boxes.

SECTION 7. Section 65.002(a), Election Code, is amended to

read as follows:

(a) Subject to Subsection (b), the presiding judge may

direct the counting of ballots to occur
on election day
at any time

after the polls have been open for one hour.

SECTION 8. Section 65.014(b), Election Code, is amended to

read as follows:

(b) The returns must state:

(1) the total number of voters who voted at the polling

place
during early voting by personal appearance and on election

day
as indicated by the poll list; and

(2) the total number of votes counted for each

candidate and for and against each measure.

SECTION 9. Sections 65.016(a) and (b), Election Code, are

amended to read as follows:

(a) A county that holds or provides election services for an

election and maintains an Internet website shall post on its public

Internet website for an election of public officials or of a

governmental entity authorized by law to impose a tax administered

by the county:

(1) the results of each election;

(2) the total number of votes cast;

(3) the total number of votes cast for each candidate

or for or against each measure;

(4)
the total number of votes cast for each candidate

or for or against each measure at each polling location;

(5)
the total number of votes cast by personal

appearance [
on election day
];

(6)
[
(5)
] the total number of votes cast by personal

appearance or mail [
during the early voting period
]; and

(7)
[
(6)
] the total number of counted and uncounted

provisional ballots cast.

(b) A city or independent school district that holds an

election and maintains an Internet website shall post on its public

Internet website for the city or independent school district, as

applicable:

(1) the results of each election;

(2) the total number of votes cast;

(3) the total number of votes cast for each candidate

or for or against each measure;

(4)
the total number of votes cast for each candidate

or for or against each measure at each polling location;

(5)
the total number of votes cast by personal

appearance [
on election day
];

(6)
[
(5)
] the total number of votes cast by [
personal

appearance or
] mail [
during the early voting period
]; and

(7)
[
(6)
] the total number of counted and uncounted

provisional ballots cast.

SECTION 10. The heading to Section 66.0021, Election Code,

is amended to read as follows:

Sec. 66.0021. [
ELECTION DAY
] VOTE TOTAL FOR CERTAIN

ELECTIONS.

SECTION 11. Section 66.0021(b), Election Code, is amended

to read as follows:

(b) The general custodian of election records for a primary

election or the general election for state and county officers

shall maintain a list that states the total number of votes cast in

each precinct by personal appearance [
on election day
] that is

available for public inspection not later than the day after

election day.

SECTION 12. Sections 67.004(b) and (b-1), Election Code,

are amended to read as follows:

(b) The canvassing authority shall prepare a tabulation

stating for each candidate and for and against each measure:

(1) the total number of votes received in each

precinct; [
and
]

(2)
the total number of votes received in each polling

location; and

(3)
the sum of the precinct totals tabulated under

Subdivision (1).

(b-1) The tabulation in Subsection (b) must also include for

each precinct
and for each polling location
the total number of

voters who cast a ballot for a candidate or for or against a measure

in the election. The secretary of state shall prescribe any

procedures necessary to implement this subsection.

SECTION 13. Section 67.017(a), Election Code, is amended to

read as follows:

(a) After each election for a statewide office or the office

of United States representative, state senator, or state

representative, a district office, a county office, or a precinct

office, the county clerk shall prepare a report of the number of

votes, including [
early voting
] votes cast by mail and [
early

voting votes cast
] by personal appearance, received in each county

election precinct
and in each polling location
for each candidate

for each of those offices. In a presidential election year, the

report must include the number of votes received in each precinct

and in each polling location
for each set of candidates for

president and vice-president of the United States.

SECTION 14. Section 84.032(c), Election Code, is amended to

read as follows:

(c) An applicant may submit a request [
after the close of

early voting by personal appearance
] by appearing in person and:

(1) returning the ballot to be voted by mail to the

early voting clerk; or

(2) executing an affidavit that the applicant:

(A) has not received the ballot to be voted by

mail;

(B) never requested a ballot to be voted by mail;

or

(C) received notice of a defect under Section

87.0271(b) or (c) or 87.0411(b) or (c).

SECTION 15. Sections 85.001(a) and (e), Election Code, are

amended to read as follows:

(a) The period for early voting by personal appearance

begins on the
12th
[
17th
] day before election day
,
[
and
] continues

through the [
fourth
] day before election day,
and includes

Saturdays, Sundays, and holidays,
except as otherwise provided by

this section.

(e) For an election held on the uniform election date in May

and any resulting runoff election, the period for early voting by

personal appearance begins on the
ninth
[
12th
] day before election

day
,
[
and
] continues through the [
fourth
] day before election day
,

and includes Saturdays, Sundays, and holidays
.

SECTION 16. Sections 85.005(a), (b), and (c), Election

Code, are amended to read as follows:

(a) Except as provided by Subsection (c), in an election in

which a county clerk is the early voting clerk under Section 83.002,

early voting by personal appearance at the main early voting

polling place shall be conducted on each
day
[
weekday
] of the early

voting period [
that is not a legal state holiday and
] for a period

of at least nine hours, except that voting may not be conducted

earlier than 6 a.m. or later than 10 p.m.

(b) In an election to which Subsection (a) does not apply,

early voting by personal appearance at the main early voting

polling place shall be conducted at least nine hours each
day

[
weekday
] of the early voting period [
that is not a legal state

holiday
] unless the territory covered by the election has fewer

than 1,000 registered voters. In that case, the voting shall be

conducted at least four hours each day. The authority ordering the

election, or the county clerk if that person is the early voting

clerk, shall determine which hours the voting is to be conducted.

(c) Voting in a primary election
,
[
or
] the general election

for state and county officers
, or a special election ordered by the

governor
shall be conducted at the main early voting polling place

for at least 12 consecutive hours on each [
weekday
] of the last
four

days
[
week
] of the early voting period
except that voting shall be

conducted for at least nine consecutive hours on a Sunday
[
, and the

voting in a special election ordered by the governor shall be

conducted at the main early voting polling place for at least 12

consecutive hours on each of the last two days of the early voting

period
]. Voting under this subsection may not be conducted earlier

than 6 a.m. or later than 10 p.m.

SECTION 17. Sections 85.007(a) and (b), Election Code, are

amended to read as follows:

(a) The election order and the election notice must state:

(1) the date that early voting will begin if under

Section 85.001(d) the early voting period is to begin later than the

prescribed date;
and

(2) the regular dates and hours that voting will be

conducted under Section 85.005(b)
, including
[
; and

[
(3) the dates and hours that
] voting on Saturday or

Sunday [
is ordered to be conducted under Section 85.006(a)
].

(b) The early voting clerk shall post notice for each

election stating the dates and hours that voting on a Saturday or

Sunday
will
[
is ordered to
] be conducted [
under Section 85.006(b)
].

SECTION 18. Section 85.032, Election Code, is amended by

amending Subsection (d) and adding Subsection (g) to read as

follows:

(d) Each custodian shall retain possession of the key

entrusted to the custodian until it is delivered to
, as applicable,

the presiding judge of
:

(1)
the central counting station
;

(2) the early voting ballot board; or

(3) an election day polling place
.

(g)

Voted early voting ballots to be counted manually shall

be kept in a separate ballot box from voted early voting ballots to

be counted using automatic tabulating equipment.

SECTION 19. Section 85.033, Election Code, is amended to

read as follows:

Sec. 85.033. SECURITY OF VOTING MACHINE. At the close of

early voting each day, the early voting clerk shall secure each

voting machine used for early voting in the manner prescribed by the

secretary of state so that its unauthorized operation is prevented.

The clerk shall unsecure the machine before the beginning of

[
early
] voting the following day.

SECTION 20. Section 85.071, Election Code, is amended to

read as follows:

Sec. 85.071. DELIVERY OF BALLOTS TO MAIN POLLING PLACE. (a)

During the period for early voting by personal appearance, the

ballots voted at a branch polling place[
, other than those cast on a

voting machine,
] shall be:

(1) retained securely at the branch polling place in a

locked room accessible only to election officers; or

(2) delivered by an election officer or designated law

enforcement officer to the main early voting polling place at the

close of voting each day.

(b) The unvoted ballots at the branch polling place[
, other

than voting machine ballots,
] shall be retained or delivered with

the voted ballots
of the same ballot style
but in a separate locked

container.

(c)
At
[
All voted and unvoted ballots shall be delivered by

an election officer or designated law enforcement officer to the

main polling place at
] the close of
early
voting [
on the last day of

voting
] at
a
[
the
] branch polling place
:

(1)

unvoted ballots shall be retained or delivered in

the manner described by Subsection (b);

(2)

voted ballots to be counted using automatic

tabulating equipment shall be retained or delivered in the manner

described by Subsection (a); and

(3) voted ballots to be counted manually shall be:

(A)

delivered by an election officer or

designated law enforcement officer to the main early voting polling

place; and

(B)

set aside for subsequent delivery to the

early voting ballot board under Section 87.021
.

(d)

At the close of the polls on election day, voted early

voting ballots to be counted using automatic tabulating equipment

shall be delivered with the ballots voted on election day at the

same polling place to the central counting station according to

Section 87.129 and the procedures under Subchapter C, Chapter 127.

SECTION 21. Section 87.021, Election Code, is amended to

read as follows:

Sec. 87.021. BALLOTS AND OTHER MATERIALS DELIVERED TO

BOARD. The early voting clerk shall deliver to the early voting

ballot board:

(1) in an election in which regular paper ballots are

used for early voting by personal appearance, each ballot box, in

accordance with Section 85.032(b), containing the early voting

ballots voted by personal appearance
to be counted manually
and the

clerk's key to each box;

(2) the jacket envelopes containing the early voting

ballots voted by mail, regardless of the ballot type or voting

system used;

(3) the poll lists prepared in connection with early

voting by personal appearance;

(4) the list of registered voters used in conducting

early voting; and

(5) a ballot transmittal form that includes a

statement of the number of early voting ballots voted by mail,

regardless of the ballot type or voting system used, that are

delivered to the early voting ballot board, and in an election in

which regular paper ballots are used for early voting by personal

appearance, the number of names appearing on the poll lists

prepared in connection with early voting by personal appearance.

SECTION 22. Section 87.022, Election Code, is amended to

read as follows:

Sec. 87.022. TIME OF DELIVERY: GENERAL RULE. Except as

provided by Section 87.0221
or
[
,
] 87.0222, [
87.023, or 87.024,
] the

materials shall be delivered to the early voting ballot board under

this subchapter during the time the polls are open on election day,

or as soon after the polls close as practicable, at the time or

times specified by the presiding judge of the board.

SECTION 23. Section 87.0241(b), Election Code, is amended

to read as follows:

(b) The board may not count early voting ballots until:

(1) the polls open on election day; or

(2) in an election conducted by an authority of a

county with a population of 100,000 or more, or conducted jointly

with such a county or conducted with such a county through a

contract for election services, the
fourth day before election day

[
end of the period for early voting by personal appearance
].

SECTION 24. Section 87.103, Election Code, is amended to

read as follows:

Sec. 87.103. COUNTING BALLOTS AND PREPARING RETURNS. (a)

The [
early voting electronic system ballots counted at a central

counting station, the
] ballots cast
by personal appearance
[
at

precinct polling places,
] and the ballots voted by mail shall be

tabulated separately and shall be separately reported on the

returns.

(b) The [
early voting
] returns prepared at the central

counting station must include any [
early voting
] results obtained

by the early voting ballot board under Subchapter D.

SECTION 25. Section 87.104, Election Code, is amended to

read as follows:

Sec. 87.104. DISPOSITION OF EARLY VOTING BALLOT BOARD

RETURNS AND OTHER RECORDS.
Returns
[
Early voting returns
] or other

early voting election records to be delivered to the central

counting station under Section 87.063(b) [
or 87.084(b)
] shall be

delivered to the appropriate authorities with the counting station

records.

SECTION 26. Section 87.1231, Election Code, is amended to

read as follows:

Sec. 87.1231. EARLY VOTING
BY MAIL
VOTES REPORTED BY

PRECINCT. Not later than the time of the local canvass, the early

voting clerk shall deliver to the local canvassing authority a

report of the total number of early voting votes
by mail
for each

candidate or measure by election precinct. [
The report may reflect

the total for votes by mail and the total for votes by personal

appearance.
]

SECTION 27. Subchapter G, Chapter 87, Election Code, is

amended by adding Section 87.129 to read as follows:

Sec.

87.129.

DISPOSITION OF CERTAIN BALLOTS VOTED BY

PERSONAL APPEARANCE. Voted early voting ballots retained or

delivered to the main early voting polling place under Section

85.071(c)(2) shall be treated as ballots voted on election day at

the same polling place for purposes of processing and tabulation

under Chapter 65.

SECTION 28. Section 102.003(b), Election Code, is amended

to read as follows:

(b) An application
must
[
may
] be submitted [
after the last

day of the period for early voting by personal appearance and
]

before 5 p.m. on election day.

SECTION 29. Section 127.131(a), Election Code, is amended

to read as follows:

(a) After the automatic counting of ballots [
for each

precinct
] is completed, the presiding judge of the central counting

station shall prepare the election returns for
each
[
that
] precinct

and each polling location
and sign the returns to certify their

accuracy.

SECTION 30. Section 172.124(a), Election Code, is amended

to read as follows:

(a) For each primary election, the county clerk shall

prepare a report of the number of votes[
, including early voting

votes,
] received in each county election precinct by each candidate

for an office, other than a party office, as provided by Section

67.017 for the report of precinct results for a general election.

SECTION 31. The following provisions of the Election Code

are repealed:

(1) Chapter 103;

(2) Section 43.007(i);

(3) Section 85.006;

(4) Section 85.008;

(5) Section 85.064(d);

(6) Section 85.068;

(7) Section 87.023;

(8) Section 87.024;

(9) Section 113.004(c); and

(10) Section 129.057.

SECTION 32. As soon as practicable after the effective date

of this Act, but not later than August 1, 2027, the secretary of

state shall:

(1) adopt rules and prescribe procedures required for

the implementation of this Act; and

(2) publish a report in the Texas Register stating

that the secretary:

(A) has consulted with county election officials

in this state; and

(B) is confident that the counties in this state

are prepared to implement the provisions of this Act.

SECTION 33. The changes in law made by this Act apply only

to an election ordered on or after the date the secretary of state

publishes the report required by Section 32 of this Act.

SECTION 34. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 2753 passed the Senate on

May 6, 2025, by the following vote: Yeas 20, Nays 11;

May 29, 2025, Senate refused to concur in House amendments and

requested appointment of Conference Committee; May 30, 2025, House

granted request of the Senate; June 1, 2025, Senate adopted

Conference Committee Report by the following vote: Yeas 20,

Nays 11.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 2753 passed the House, with

amendments, on May 28, 2025, by the following vote: Yeas 111,

Nays 20, one present not voting; May 30, 2025, House granted

request of the Senate for appointment of Conference Committee;

June 1, 2025, House adopted Conference Committee Report by the

following vote: Yeas 84, Nays 45, three present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor